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Interpretative Opinion 09-08: Reporting Requirements

May 14, 2009

Paul Strauss
United States Senator
District of Columbia (Shadow)
1350 Pennsylvania Avenue, N.W.
Suite C-09
Washington, DC 20004

Re: Report of Receipts and Expenditures for Statehood Fund

Dear Senator Strauss:

This responds to your request for an opinion regarding your completion of the OCF Form 28 as it relates to the tax check-off funds your office receives. You indicated that you do not believe these funds are “Public Revenues” but, private contributions which are made voluntarily by residents of the District and collected by the Office of Tax and Revenue and therefore, you reported them on Schedule A-5.

You additionally stated that you determined that contributions made between the Statehood funds of various members of the Delegation are not contributions from “Political Committees” and were also reported on Schedule A-5.

You also stated that you have two Statehood Funds which include the original fund created pursuant to D.C. Law 8-135 and a separate account for the tax check-off funds.

Based upon the information you have provided, the practices you have employed for reporting tax check-off funds do not appear to violate any of the provisions of the Campaign Finance Reform and Conflict of Interest Act of 1974, (The Act) as amended by D.C. Official Code § 1-1101.01 et seq. (2001 Edition). Additionally, your segregation of tax check-off funds from other Statehood funds is also appropriate.

Finally, with regard to whether Reports of Receipts and Expenditures (R&E Reports) for Statehood funds are due “Semiannually” or quarterly, 3 DCMR § 3017.3 provides that “Statehood fund R&E Reports shall be filed quarterly each year on the first (1st) day of the following months:

“(a) January;

“(b) April;

“(c) July; and

“(d) October.”

Accordingly, you are correct in concluding that you are required to comply with the quarterly reporting requirement.

The foregoing is an Interpretative Opinion of the Director of the Office of Campaign Finance. Pursuant to D.C. Official Code §1-1103.05, you are entitled to request an Advisory Opinion from the Board of Elections and Ethics on this transaction or activity.

Should you have any additional questions, please contact William O. SanFord, Senior Staff Attorney at (202) 671-0550.